Amended order

7/26/2019 Amended order

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Civil Emergency Order Addressing Encampments and Vehicles Utilized As Residences

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CIVIL EMERGENCY ORDER

ADDRESSING ENCAMPMENTS AND VEHICLES UTILIZED AS RESIDENCES

CITY OF SEATTLE

WHEREAS, on November 2, 2015, in my capacity as Mayor, I issued a Proclamation of Civil

Emergency to address the homelessness crisis in the City of Seattle, as well as three associatedEmergency Orders; and

WHEREAS, the facts stated in that Proclamation continue to exist and I am basing this Civil

Emergency Order on the information and recitals contained in that Proclamation; and

WHEREAS, even though the City and its partners have taken substantial steps to address thehomelessness emergency facing Seattle, both prior to and since the issuance of the Proclamation

and Orders in November of 2015, many individuals continue to experience homelessness; and

WHEREAS, this continued emergency requires the issuance of additional orders that arespecifically targeted to address certain aspects of the homelessness crisis facing the City of

Seattle;

Section I – Encampment for Individuals Experiencing Homelessness

WHEREAS, as set forth in Ordinance No. 124747, the City’s focus on solutions for people whoare homeless should be a roof-overhead and services to connect individuals with a pathway

toward long-term housing, however, the current capacity of our housing and homeless services

continuum cannot meet the needs of all those who are homeless and, as an alternative, tent

encampments can offer a sense of safety and community while seeking longer term housingoptions;

WHEREAS, there are more individuals experiencing homelessness, including children and

families, than can presently be housed in the two existing encampments; and

WHEREAS, the City must immediately act to create additional space to address the ongoing

public safety crisis confronting the city that impacts, on a daily basis, the health and safety of its

citizens.

Section II – Parking for Vehicles Utilized As Residences

WHEREAS, as set forth in the Proclamation of Civil Emergency, there have been dramatic cutsat the federal and Washington State levels for affordable housing, while, at the same time,

housing costs in Seattle and King County have significantly increased with the number of low-

income households in Washington State paying more than half their monthly income in rent

growing to 221,800 in 2015, a 20% increase since 2007; and




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WHEREAS, for these and other systemic reasons, including, but not limited to, institutional

racism, poverty, unemployment, discrimination, addiction and/or mental illness, domestic

violence, or exits from the foster care system, many individuals who cannot afford to rent or own

a home have been forced to live out of cars, trucks and vans, as well as recreational vehicles; and

WHEREAS, implementing a City-authorized parking program under this Order for individuals

residing in their vehicles will allow the City to focus outreach services, improve and insure thesanitary conditions and safety of the parking areas, and provide authorized and legal parking

options.

WHEREAS, during 2015, more than 66 individuals have died on Seattle streets without shelter,including one victim who fell to his death from a highway overpass;

WHEREAS, the City seeks to provide those struggling with addiction access to services, with

nearly 60% increase in the number of heroin and methamphetamine deaths in Seattle since 2003.

Section III – Emergency Orders Issued

WHEREAS, the decisions to declare a civil emergency and to seek civil emergency orders arenot taken lightly but are, I believe, extraordinary measures that are necessary to protect the

public welfare; and

WHEREAS, this civil emergency necessitates the utilization of certain emergency powersgranted to the Mayor pursuant to Seattle Municipal Code, Chapter 10.02 and RCW Chapter

38.52; and

WHEREAS, the conditions of this Civil Emergency Order are designed to provide the least

necessary restriction on the rights of the public; and

BE IT PROCLAIMED BY THE MAYOR OF THE CITY OF SEATTLE, THE

HONORABLE EDWARD B. MURRAY, THAT:

I, EDWARD B. MURRAY, MAYOR OF THE CITY OF SEATTLE, ACTING UNDER

THE AUTHORITY OF SEATTLE MUNICIPAL CODE SECTIONS 10.02.020, 10.02.025,AND 10.02.030, AND MY MAYORAL PROCLAMATION OF CIVIL EMERGENCY,

DATED NOVEMBER 2, 2015 HEREBY ORDER THE FOLLOWING:

1. The City of Seattle shall have the authority to take the following steps concerning parking

for vehicles that are presently being used as residences:

2. The City may provide temporary parking permits for vehicles that are presently being

used as residences. These permits will allow these vehicles to be parked in designated

City owned right-of-ways for up to thirty (30) days.

a. In these 30 days prior to the sanctioned lots opening the City shall:

i. Plan for service providers,

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ii. Plan for site management,

iii. Provide sanitation,

iv. Establish site suitability and the factors used to make that determination,

v. Provide electricity and potable water,

vi. Provide safety and security including the development of a code of

conduct, and

vii. Provide increased access to services including but not limited to:

rehousing and diversion, medical services, chemical dependency andmental health services, legal services and employment services, provided,

however, that the City shall not provide any of the above except to persons

to whom the City may do so in accordance with Article VIII, § 7 of the

Washington Constitution.

3. The City shall designate two delineated areas as sanctioned safe lots for a period of six

months and allow for renewal of no more than one additional six month term after a

review of the reports required under Section 2 of Resolution 31649. Where vehicles are

presently parked in temporarily designatedright-of-way and being used as residences, the

City shall consider relocating those vehicles to the safe lot closest to their current

location.

4. The City shall have the authority to expeditiously open a third encampment for

individuals experiencing homelessness for a period of twelve months and allow for

renewal for no more than one additional twelve month term after a review of the reports

required under Resolution 31649, section 2. Notwithstanding the immediate

effectiveness of this authority, this encampment, after being opened, will undergo a full

permit review as required by the Seattle Municipal Code 23.42.056.

5. When applicable, the designated safe lots should be operated consistently with authorized

encampments.

SECTION IV

All mayoral proclamations and orders presently in effect shall remain in full force and

effect except that, insofar as any provision of any such prior proclamation is inconsistent withany provision of this Order, then the provision of this Order shall control.

SECTION V

A copy of this Civil Emergency Order shall be delivered to the Governor of the State of

Washington and to the County Executive of King County. To the extent practicable, a copy of

this Civil Emergency Order shall be made available to all news media within the City and to the

general public. In order to give the widest dissemination of this Civil Emergency Order to the


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public, as many other available means as may be practical shall be used, including but not

limited to posting on public facilities and public address systems as set forth in SMC 10.02.100.

SECTION VI

This Civil Emergency Order shall immediately or as soon as practical be filed with the

City Clerk for presentation to the City Council for ratification and confirmation, modification orrejection, and if rejected this Civil Emergency Order shall be void; however, any such rejection

or modification shall not affect any actions previously taken. As set forth in SMC 10.02.020(O),if the City Council rejects this Civil Emergency Order, such rejection shall not affect the City’s

responsibility for any actions taken prior to the rejection of this Civil Emergency Order,including the City’s responsibility for the actual costs incurred by those who were ordered by or

entered into contracts with the City.

DATED this day of January, 2016, at am.

EDWARD B. MURRAY

MAYOR OF THE CITY OF SEATTLE

Documents

Amended order